SEC Whistleblower Reform Act of 2023

12/15/2023, 4:06 PM

SEC Whistleblower Reform Act of 2023

This bill expands and revises whistleblower protections applicable to individuals who provide information to the Securities and Exchange Commission (SEC) relating to a violation of securities laws.

Under current law, an employer is prohibited from retaliating against these whistleblowers. Under the bill, this prohibition is expanded to include (1) individuals who provide information regarding potential violations to supervisors or other employees in positions of authority; and (2) information relating to violations subject to the jurisdiction of the Public Company Accounting Oversight Board, the Municipal Securities Rulemaking Board, or a self-regulatory organization.

Additionally, the bill establishes the right to a jury trial for a person accused of violating whistleblower protection laws.

The bill also requires the SEC to make an initial disposition of a whistleblower award claim within the later of (1) one year of the deadline to submit such a claim, or (2) one year after the final resolution of any litigation in the matter.

Finally, the bill deems as unenforceable a predispute arbitration agreement regarding a whistleblower action.

Congress
118

Number
S - 811

Introduced on
2023-03-15

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

3/15/2023

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

SEC Whistleblower Reform Act of 2023

This bill expands and revises whistleblower protections applicable to individuals who provide information to the Securities and Exchange Commission (SEC) relating to a violation of securities laws.

Under current law, an employer is prohibited from retaliating against these whistleblowers. Under the bill, this prohibition is expanded to include (1) individuals who provide information regarding potential violations to supervisors or other employees in positions of authority; and (2) information relating to violations subject to the jurisdiction of the Public Company Accounting Oversight Board, the Municipal Securities Rulemaking Board, or a self-regulatory organization.

Additionally, the bill establishes the right to a jury trial for a person accused of violating whistleblower protection laws.

The bill also requires the SEC to make an initial disposition of a whistleblower award claim within the later of (1) one year of the deadline to submit such a claim, or (2) one year after the final resolution of any litigation in the matter.

Finally, the bill deems as unenforceable a predispute arbitration agreement regarding a whistleblower action.

Alternative Names
Official Title as IntroducedA bill to amend the Securities Exchange Act of 1934 to further enhance anti-retaliation protections for whistleblowers, and for other purposes.

Policy Areas
Finance and Financial Sector

Comments

Recent Activity

Latest Summary7/12/2023

SEC Whistleblower Reform Act of 2023

This bill expands and revises whistleblower protections applicable to individuals who provide information to the Securities and Exchange Commission (SEC) relating to a violation of secu...


Latest Action3/15/2023
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.